Returning a company car: What employees need to know
Returning a company car: What employees need to know
Possession of a company car can be a coveted privilege for many employees, especially if it can also be used for private trips. However, if the supervisor suddenly requires the return of the vehicle, the question of admissibility arises. What really happens in such a situation and what rights do the employees have?
Peter Meyer, a specialist lawyer for labor law from Berlin, makes it clear that a company car that is left to private use should be regarded as part of the overall remuneration. "As a rule, the employer must not easily take this company car away," he explains. This regulation protects the employee and ensures that part of your work wage is not inappropriately withdrawn.
contractual agreements
Despite this general regulation, there are exceptions that are specified in the individual employment contracts or company car agreements. A frequent example is a longer incapacity to work, such as an injury or illness that takes longer than six weeks. In addition, a transfer of a sales representative in an activity in the office without travel activities can also lead to the recovery of the company car.Another relevant point is the termination of the employment relationship. In such a case, the employer could also have the right to return the vehicle, especially if the employee is released. Meyer emphasizes that a contractual regulation is also required here, which allows the employer to reclaim the vehicle immediately after the termination is made.
What happens if the employment contract does not contain any specific regulations for returning the company car? In this case, employees have the right to continue to use their company car by the official end of the employment relationship, even during a possible exemption phase. This offers you a certain security and prevents you from having to do without part of your remuneration prematurely.
If an employer unjustifiably requires the return of the company car and the employee returns the vehicle out of fear or uncertainty, he can demand compensation, Meyer. The amount that the employee is entitled to in such a case usually corresponds to the amount he had to tax for the private use of the car. Such a regulation ensures that the rights of employees remain preserved in difficult situations.
In summary, it can be said that it is of central importance for employees to know and understand the provisions of their employment contract carefully. In the event of uncertainties or questions, you should contact a specialist lawyer for labor law to clarify your rights and, if necessary.About the expert: Peter Meyer is an experienced specialist lawyer for labor law and plays an active role in the executive committee of the Working Group on Labor Law in the German Lawyers' Association (DAV). It is a valuable resource for everyone who needs support in questions of labor law.
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